O'Neil v. Crane Co

In O'Neil v. Crane Co. (2012) 53 Cal.4th 335, the Court concluded that Tellez-Cordova v. Campbell-Hausfeld/Scott Fetzger Co. (2004) marked an exception to the general rule barring imposition of strict liability on a manufacturer for harm caused by another manufacturer's product. (O'Neil, supra, 53 Cal.4th at p. 362.) That exception is applicable when "the defendant's own product contributed substantially to the harm ... ." (Ibid.) In expounding the exception, the court rejected the notion that imposition of strict liability on manufacturers is appropriate when it is merely foreseeable that their products will be used in conjunction with products made or sold by others. (Id. at pp. 361-362.) The O'Neil court further explained: "Recognizing a duty to warn was appropriate in Tellez-Cordova because there the defendant's product was intended to be used with another product for the very activity that created a hazardous situation. Where the intended use of a product inevitably creates a hazardous situation, it is reasonable to expect the manufacturer to give warnings. Conversely, where the hazard arises entirely from another product, and the defendant's product does not create or contribute to that hazard, liability is not appropriate. We have not required manufacturers to warn about all foreseeable harms that might occur in the vicinity of their products." (Ibid.) The O'Neil court further concluded that the facts in Tellez-Cordova differed from the situation before it in two key respects. (O'Neil, supra, 53 Cal.4th at p. 361.) As the "sole purpose" of the power tools in Tellez-Cordova was to grind metals, they could only be used in a potentially injury-producing manner, unlike the defendant manufacturers' pumps and valves, whose "normal operation ... did not inevitably cause the release of asbestos dust." (Ibid.) Moreover, unlike the pumps and valves, "it was the action of the power tools ... that caused the release of harmful dust, even though the dust itself emanated from another substance." (Ibid., italics omitted.) In view of those differences, the pumps and valves did not satisfy two requirements identified by the underlying appellate court for the imposition of strict liability under Tellez-Cordova, namely, that the manufacturer's product "'is necessarily used in conjunction with another product,' " and that " 'the danger results from the use of the two products together.'" (Ibid.) The O'Neil court determined that "the pumps and valves were not 'necessarily' used with asbestos components, and danger did not result from the use of the products 'together.'" (Ibid.) After determining that the plaintiffs asserted no tenable strict liability claim, the O'Neil court turned to their negligence claims. (O'Neil, supra, 53 Cal.4th at p. 365.) The court declined to impose a duty of care, stating that "the same policy considerations that militate against imposing strict liability in this situation apply with equal force in the context of negligence." (Id. at p. 366.)